Tag Archives: Drug Testing

Hospitality Industry Management Update: “As Marijuana Becomes Legal in More States, How Should Employers Handle Positive Drug Tests?”

“…Hospitality employers also need to be aware of potential violations of the Americans with Disabilities Act (ADA) associated with medical marijuana.  Employers with facilities in states that allow medical marijuana use may need to provide a reasonable accommodation under the ADA for employees with a valid doctor’s authorization. 042314_acuna_marijuana_640 For instance, the New York statute permitting medical marijuana use automatically classifies every individual who is considered a Certified Patient as disabled.  Therefore, New York employers must engage in an interactive process with the employee to determine whether they need to provide the employee with a reasonable accommodation…”

Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana.  The answer varies greatly depending on the state in which you are located.

States continue to pass legislation legalizing marijuana use for specific purposes.  On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.  Two other states, Colorado and Washington, have legalized recreational marijuana use for individuals who are 21 years old or older, and Alaska and Oregon currently have similar legislation pending.

For more: http://bit.ly/1Bek1W8

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Filed under Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership

Hospitality Industry Management Update: “The Impact of Legal Marijuana on Employers” (With Video)

“…Marijuana possession and use remains illegal under the federal Controlled Substances Act,mary jane but federal enforcement is curtailed in states that have sanctioned the use of medical marijuana. In some of these states, laws prohibit discrimination against qualified patients in employment decisions…”

Twenty states and the District of Columbia have passed a form of legislation that decriminalizes the use of marijuana for medical purposes, and Colorado and Washington have recently legalized the recreational use of the drug. While employers are under no legal obligation to allow marijuana use in the workplace, the drug’s legality leads to questions regarding an employer’s response to an employee who fails a drug test or admits to being a medical marijuana patient.

For more: http://bit.ly/WDC3kN

For a brief video with more information on how to handle these situations, check out the video below:

[vimeo https://vimeo.com/101528983 w=500&h=281]

Petra Risk Solutions’ Risk Management Director, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Medical and Recreational Use of Marijuana and Employer Rights’. 

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

 

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Filed under Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership